Jan Oberholzer, Eskom's first and last COO, will stay at the troubled power utility for a while longer following his retirement in April, specifically to help see it through SA's loadshedding crisis.

Oberholzer confirmed on Wednesday that he and Eskom had concluded a contract for his services.

"A specific focus area is to oversee projects dealing with the current electricity crisis," he said.

Oberholzer, who was appointed as Eskom's first COO in 2018, has a long, experienced history with Eskom, having worked for the utility for around 30 years. His father worked for Eskom for 25 years.

Oberholzer told YOU magazine last month that he was open to assisting Eskom with advice and would be offering his services as a consultant.

"I look forward to making a positive contribution in the next decade regarding the economy and the lives of the 61-million people in our beautiful country," he told the magazine.

The new Eskom board said in February that it was scrapping the COO position after Oberholzer's retirement.

Eskom recently lost several key executives, as it battles the worst stretch of loadshedding ever.

André de Ruyter told Parliament last week that interference from the new board was one of the main reasons he resigned as CEO.

A day short of a year after notorious murderer and rapist Thabo Bester’s escape from the Mangaung Correctional Centre, the Department of Correctional Services has served the private company managing the prison with a notice that it will be terminating its contract.

While this could put the prison back under the department's management within 90 days, a legal challenge to the move is expected.

Addressing the Portfolio Committee on Justice and Correctional Services on Tuesday morning, Justice Minister Ronald Lamola announced that they had issued the Mangaung Correctional Services with a notice to terminate the contract.

"The notice to terminate follows a legal opinion that DCS had sought. It has been deemed that BCC is not suitable to continue with the contract," Lamola said.

"In line with the concession contract agreement, a termination notice for a period of 90 days has been served to BCC [Bloemfontein Correctional Contracts], and thereafter, the contract will cease to operate. DCS has already resumed with an internal exercise for the takeover process."

The move was welcomed by African Christian Democratic Party MP Steve Swart, who asked Lamola to elaborate.

"Indeed, we have received the legal opinion, which does show that the systematic challenges which we faced with the MCC over a number of years, including the last one with the escape, points to the fact that the management contract or concession contract cannot continue in this kind of a format, because, indeed, they are struggling to meet the contractual obligations," Lamola responded.

"Therefore, the department has decided, and issued a notice of termination to the Mangaung management company with regards to this matter.

"We will prefer to leave it there, because it is an area of uncertainty in terms of litigations and so forth. But suffice to say that notice has been served this morning."

Bester escaped from the Mangaung Correctional Centre on 3 May 2022 after faking his death in a fire in a solitary cell he had requested to be placed in days before.

Only in the past month has Bester and his alleged accomplices, including his partner Nandipha Magudumana, been arrested.

Bester and Magudumana were arrested in Tanzania.

Lamola said the department continued to be in the news following Bester’s escape.

"Bester is currently incarcerated at the secure Kgosi Mampuru C-Max Facility. He will be appearing with his co-accused on 16 May 2023 in Bloemfontein. The South African Police Service continues to make several arrests over this matter," he said.

He sought to assure the committee that "inmates are incarcerated securely and in humane conditions".

According to Lamola, out of an inmate population of 143 223, only 22 had escaped during the 2021-22 financial year.

"We are the first to acknowledge that one escape at our facilities is one too many," he said.

Lamola said they would "redouble" their security operations to prevent escapes and "deal harshly" with officials who don't adhere to standard operating procedures.

The Democratic Alliance (DA) on Tuesday said that no amount of blame shifting will hide the undeniable fact that Mineral Resources and Energy Minister Gwede Mantashe has, since his appointment, failed to advance the procurement of independent power generation and the incentivisation of private investment in the energy sector.

Mantashe recently blamed the private sector for not investing in new power plants, which he says has led to loadshedding.

The DA pointed out that since his appointment, Mantashe had frustrated and blocked the full participation of the private sector in the energy sector.

“Together with his African National Congress comrades, he has fostered policy and regulatory uncertainty, and has not moved fast enough to remove red tape impeding the active participation of independent power producers (IPPs),” said DA Shadow Minister of Mineral Resources and Energy Kevin Mileham.

Mileham added that Mantashe insisted that electricity generation would remain largely in government hands for the foreseeable future and that overreliance on the private sector would be a mistake.

The DA said Mantashe refused to increase the threshold for embedded generation, since his appointment in 2018, and was strongly opposed to the idea of increasing the threshold for embedded generation to 100 MW.

Mileham said without an updated Intergraded Resource Plan (IRP) South Africa would be forced to continue relying on the outdated energy assumptions of IRP 2019, which do not reflect what must be done to address the ongoing electricity crisis.

“The Small Projects Programme which was established in 2013 to help local IPPs run power projects up to 5 MW in size, has stalled. Five years after incurring costs to keep the 20 projects, which range across wind, solar and biomass technologies, on standby for government go-ahead, no power purchase agreements have been signed and no projects have proceeded into construction,” he argued.

As the controversy rages over whether South Africa will arrest Russian President Vladimir Putin in accordance with an International Criminal Court (ICC) arrest warrant, South Africa is investigating whether it can amend local legislation to allow the head of state to suspend the application of the Rome Statutes in the "national interest".

Last week, President Cyril Ramaphosa and African National Congress (ANC) secretary-general Fikile Mbalula sowed confusion by claiming the party had decided to withdraw from the ICC.

The Presidency issued a correction statement, clarifying it was actually not the case.

Addressing the Portfolio Committee on Justice and Correctional Services on Tuesday, Justice and Correctional Services Minister Ronald Lamola sought to clarify the government's position and, in the process, annoyed MPs from the African Christian Democratic Party (ACDP) and Democratic Alliance (DA) when he compared Russia's invasion of Ukraine with Israel's occupation of the Palestinian territories.

Lamola said South Africa was a party to the Rome Statute of the ICC, which it ratified in November 2000.

"A central feature of the Rome Statute of the ICC is that state parties to the ICC are encouraged to investigate and prosecute ICC crimes domestically," he added.

"South Africa also domesticated the Rome Statute through the adoption of the implementation of the Rome Statute of the International Criminal Court Act 2002 [Act no 27 of 2002], thus affirming South Africa's commitment to an international justice system.

"Being a party to the Rome Statute means that the government of South Africa has an obligation to cooperate fully with the ICC by surrendering suspects against whom warrants of arrest have been issued, providing legal assistance in investigations and obtaining evidence."

Lamola said he withdrew a bill that would have repealed South Africa's implementation of the Rome Statute, in line with the ANC's resolution adopted at its conference in December and January.

"We agree with Amnesty International in its annual report that the inconsistency of the ICC in the execution of its work undermines the rule of law, the fact that an investigation into the atrocities in Palestine has not been completed while the one in Ukraine, opened later already has a referral against a non-member state is an injustice. The people of Palestine must find justice in the ICC like any other citizens of the globe.

"We are looking at all options in this regard, including to look into a bill that may amend the implementation of the act, so as to bring it in line with customers' international law such as is practiced in Great Britain and Holland where the executive has a power to exit or suspend the implementation of the statute where it is in the national interest."

ACDP MP Steve Swart said he was "deeply concerned" with the comparison between Russia and Israel.

"I think it is totally unacceptable. I believe the ANC should relook its foreign policy, which is often described as clueless and immoral.

"And also consider gross human rights violations such as in Iran, China, North Korea, Burundi, Syria, where the ANC has consistently taken the wrong side when it comes to voting," added Swart.

DA MP Glynnis Breytenbach said what happened last week was a "rather embarrassing flip-flop".

"We withdraw, and then we don't withdraw, all in the space of three nanoseconds.

"And then the minister's view on Israel is rather illuminating.

"He chooses to pick on a country smaller than the Kruger National Park - a speck in the desert - to spend 10 minutes telling us how dreadful they are.

"While human rights abuses may or may not occur there, and nobody says Israel is perfect, not by a long shot, but in the rest of the world, serious human rights abuses occur, also in Africa, and elsewhere in the world, as mentioned by Mr Swart, and the minister chooses to remain silent on those.

"And to compare the Israel and Palestine situation with Ukraine and Russia, really, you know...

The national government has slammed Western Cape Premier Alan Winde over his comment that Law Enforcement Advancement Plan (LEAP) officers would arrest Russian President Vladimir Putin if he arrived in the province.

Minister in the Presidency Khumbudzo Ntshavheni said: "The Western Cape is not an independent republic out of South Africa. The Western Cape is part of the Republic of South Africa. The rules that apply in the Western Cape are the rules of this country. The laws that apply in the Western Cape are the laws of this country."

Ntshavheni added they were not running a federal government.

"We are running a unitary government system. If President Putin is in the country and he is protected by the presidential protection service, I don't know how Premier Winde, who does not have even policing functions, will get through the presidential protection service," she said.

She added that Winde could "dream about it".

On Thursday, Winde said that while the national government wasn't sure what it would do with Putin if he came to South Africa for the BRICS summit in August, the Western Cape government would set its law enforcement officers on him.

"If the Russian leader sets foot in the Western Cape, we, as the provincial government, will have him arrested by our own Western Cape government-funded Law Enforcement Advancement Plan officers. If the South African Police Service is not instructed to act, we will."

Winde added that he was prepared for whatever consequences would come from the national government.

This comes after the International Criminal Court issued an arrest warrant for Putin for war crimes committed during Russia's illegal invasion of Ukraine.

United Democratic Movement (UDM) leader Bantu Holomisa says any one political party that thinks it can bring about political change on its own is living in a fool’s paradise.

Holomisa was speaking at the UDM's national general council at the Gallager Convention Centre in Midrand, Johannesburg, on Friday.

"The country can no longer put their trust in the so-called self-correcting nature of the ruling party. For instance, their foreign and economic policies are contradicting and causes confusion. There is no discipline and coherence," he said.

"In particular where the soaring crime rates are concerned, and the instability that it causes, the law enforcement and security experts in the UDM should gather to draft a paper on these issues and their solutions. Any one political party that thinks it is going to make a difference on its own is living in a fool’s paradise."

It is said that millions of voters stayed at home during the 2022 local government elections, because they were fed up with the party they traditionally voted for, and none of the other selection of parties on the political menu were to their tastes.

Holomisa said, given the political frustrations in the country, there was a proliferation of political parties.

"Our analysis of the changing socio-eco-political order in the South Africa formation, and politics in South Africa, indicates that there will be discernible political shifts along interest group divides, distinguished by common concerns and aspirations.

"This process will move toward the crystallisation of two major political streams, which express the ethos of the beneficiaries of the established order, on the one hand, and the aspirations of the emerging major social groupings that are marginalised at present on the other hand," he said.

Indications were that the ANC was already catering for the elite and pursuing economic policies that benefitted a few, Holomisa said.

"The truth of the matter is the ruling tripartite alliance has failed South Africans. The thinking out there is that there is a need for a new alliance. This picture is not likely to change for the 2024 national and provincial elections.

"So, is South Africa forever doomed to suffer the muddled and directionless politics of today, where the electorate feels uninspired to fulfil their constitutional duty to vote."

Holomisa added that a multi-party democracy was the country’s only defence against one-party dominance and dictatorship.

"Political parties might struggle to find each other, considering that they have different ideologies and political philosophies. The advantage is that precedents have been created in different places in the world where political parties with different interests work together without losing their identities," he said.

While it may be possible to rally behind these "unifying issues", Holomisa said a workable model, common language, and a common message needed to be found.

"It therefore is possible for opposition parties to contest the 2024 national and provincial elections under one banner, but that they retain their identities. This can be done by forming an alliance, a pact between two or more parties, made in order to advance common goals and to secure common interests ahead of elections, with a medium to long-term vision on its execution," he said.

Despite Holomisa's coalition talks, the UDM has dug in its heels and refused to enter into any coalition agreements with the Democratic Alliance (DA) ahead of the 2024 national elections.

This comes after DA leader John Steenhuisen announced a "moonshot pact" to bring together all opposition parties.

President Cyril Ramaphosa has appointed an Inter-Ministerial Committee (IMC) that will be chaired by Deputy President Paul Mashatile to consider various options on the International Criminal Court (ICC) matter.

South Africans are waiting to hear whether Russian President Vladimir Putin, who is wanted by the ICC, will be attending the upcoming annual Brics Summit in South Africa, and if the South African government will abide by the ICC warrant and arrest him.

South Africa reaffirmed its participation in the ICC, and confirmed that it remained a signatory to the Rome Statute following recent controversy and confusion on the issue.

Minister in the Presidency Khumbudzo Ntshavheni explained that South Africa will continue to advocate for strengthening institutions of global governance, and will also continue to campaign for equal and consistent application of international law.

Earlier this week, Presidency spokesperson Vincent Magwenya affirmed South Africa’s position as a signatory of the Rome Statute.

This clarification followed an error in a comment made during a media briefing held by the governing African National Congress (ANC) on South Africa’s status with regard to the ICC.

The President erroneously affirmed a similar position during a media briefing.

Magwenya said that South Africa remains a signatory to the ICC in line with the resolution of the 55th National Conference of the ANC, held in December 2022, to rescind an earlier decision to withdraw from the ICC.

ELECTORAL AMENDMENT BILL

Meanwhile, Cabinet acknowledged the signing into law of the Electoral Amendment Bill of 2022 by Ramaphosa.

The updated legislation provides the legal certainty required to prepare the country for the 2024 General Election, said Ntshavheni.

She explained that the amended Electoral Act provides for the inclusion of independent candidates as contesters to elections in the National Assembly and provincially.

The Bill expands electoral participation and leadership choices for the citizens of South Africa beyond political parties in the National Assembly and provincial legislatures.

However, political parties expressed disappointment with the Bill, with the Democratic Alliance (DA) saying the legislation fails on the grounds of fair participation by independent candidates as well as general proportionality.

The Bill was meant to facilitate the participation of independent candidates in national and provincial elections in a way that general proportionality is retained.

Instead, the DA explained that the ANC twisted the seat allocation system in such a way that the lion's share of wasted votes go to the ANC.

International Relations and Cooperation Deputy Minister Candith Mashego-Dlamini has called on her BRICS counterparts to prioritise regional and continental peace to create a sustainable global order based on international law.

Mashego-Dlamini delivered an opening address at the 9th session of the meeting of BRICS deputy ministers and special envoys responsible for the Middle East and North Africa in Cape Town.

She told delegates that the world faced global challenges like food security, energy security, climate change, conflict and instability.

"One of the biggest security challenges in the Middle East North Africa (MENA) remains the issue of violent extremism, terrorism, and armed conflict through both traditional and non-traditional asymmetrical and non-linear warfare. The rise of violent extremist terrorist groups over the past decade such as ISIS, Boko Haram, Al-shabaab and AQIM, amongst others, has caused great damage to the region and beyond."

Mashego-Dlamini said continuous assessments of the threat, and sharing of information, would ensure progress in addressing security challenges.

"BRICS must continue to prioritise regional and continental peace, stability, security and development as the main components towards contributing to a sustainable peaceful and just global order based on international law," she said.

"We support the efforts of the United Nations, which is best placed to deal with this threat in all its forms, helping to develop international consensus and promoting international standards for countering terrorism, whilst ensuring global efforts are rooted in respect for human rights, the rule of law, and the peaceful resolution of conflict."

Mashego-Dlamini added that there appeared to be quiet, but incremental, geo-political change taking place in the Middle East.

"The importance of addressing conflict and security concerns through dialogue and inclusive consultations in a coordinated and cooperative manner is a 'sine qua non' for a peaceful, secure and stable Middle East and North Africa. As the BRICS collective let us reaffirm our commitment to the basic principle of building peace, security and stability in the MENA region," she said.

Mashego-Dlamini said South Africa was deeply concerned over the violence in Palestine.

"The brutality and provocative rhetoric of these actions perpetuates an endemic cycle of violence which is not conducive to peace, and detracts from a just settlement, based on a two-State solution."

To avoid being exposed to legal action and security risks, former Eskom CEO André de Ruyter has refused to tell Parliament the identity of a "senior politician" who is implicated in corruption at the power utility.

De Ruyter on Wednesday was questioned by members of the Standing Committee on Public Accounts (Scopa) on matters regarding corruption, theft, maladministration, sabotage, and cartels, among others. These allegations stem from his interview with eNCA's Annika Larsen earlier this year.

In the interview, De Ruyter claimed that politicians were involved with syndicates or cartels operating in Mpumalanga, where most of Eskom's coal-fired power stations are located.

Referring to the interview, ANC member of Parliament Bheki Hadebe asked for the name of the high-level politician mentioned in these allegations.

De Ruyter tried to sidestep the question multiple times and would not even reveal at which level of government the politician is involved. He indicated that he had informed Public Enterprises Minister Pravin Gordhan and President Cyril Ramaphosa's national security advisor, Sydney Mufamadi, of the information he had. He said that they would be best placed to provide more information about the identity of the person.

De Ruyter also said that he had reported the suspected criminal activity as a legal duty in terms of the Prevention and Combating of Corrupt Activities Act (Precca).

Scopa chairperson Mkhuleko Hlengwa has also intervened in the questioning to get De Ruyter to name the official. However, De Ruyter raised concerns of a "potential security risk" that would arise from the disclosure.

De Ruyter was also concerned about being drawn into legal battles over his disclosures to Parliament. "I am unable to make any statement that could potentially put me at risk of any legal action - whether civil or criminal - because of the fact that there is a highly litigious environment that has arisen around Eskom and my tenure as an executive at Eskom," he said.

"I would be loathe to expose myself to any further legal action, particularly in a public forum like this one," he added.

De Ruyter also argued that naming the politician would impact ongoing investigations.

Hadebe informed De Ruyter that he would be protected in terms of the Powers and Privileges Act of Parliament, but still, that was not enough assurance for him. "Even if I were to enjoy the protection of parliamentary privilege, the concerns I have in terms of security would still apply," he said.

De Ruyter would later reveal, through questioning by DA member of Parliament Alf Lees, that he has not received any death threats since an apparent attempt on his life by cyanide poisoning in December 2022.

De Ruyter was also probed on reports of an intelligence and forensic investigation into fraud and corruption at Eskom. The R50-million investigation was not financed by Eskom.

Responding to questions from ANC MP Sakhumzi Stoffels Somyo, De Ruyter said Eskom was not a contracted party and that the investigation was funded by donors.

De Ruyter would not name the private donors.

News24, however, earlier reported that Business Leadership SA (BLSA), had contributed to the funding of the investigation by the company George Fivaz Forensic and Risk (GFFR). The company is owned by former police commissioner George Fivaz and apartheid operative Tony Oosthuizen was involved in the investigation. News24 has not published the findings from these intelligence reports due to a lack of evidence to back claims against politicians.

BLSA issued a statement later on Wednesday indicating that it did indeed agree to provide funding for a "risk assessment" over a "defined period" which would be used to complement the work of law enforcement authorities. At the time it agreed to providing funding, the service provider GFFR had not been selected.

However, BLSA indicated it was comfortable with the eventual appointment of GFFR, given George Fivaz's reputation as "a person of integrity" and h...

Following contradictory comments from various members, the African National Congress (ANC) has resolved to clarify its position on South Africa’s mooted withdrawal from the International Criminal Court (ICC) by stating that this would only be a measure of "last resort".

On Tuesday, the ANC affirmed its stance that South Africa should stay in the ICC; however, in a media briefing, party secretary general Fikile Mbalula remarked that the ANC would revoke the country as a signatory. President Cyril Ramaphosa also remarked that the ANC had taken such a decision.

In the ANC National Executive Committee (NEC) discussions, members of the NEC had been critical of the “unequal and inconsistent manner international law is applied, including the often-selective application of international criminal law by the ICC.”

The party, however, said in a statement following Mbalula and Ramaphosa’s controversial remarks that “the withdrawal from the ICC as a measure of last resort would only arise if the options discussed do not garner the desired results of fairness and consistency in the administration of international law”.

Also in a turnaround, Presidency spokesperson Vincent Magwenya affirmed South Africa’s position as a signatory of the Rome Statute, maintaining that “South Africa is guided by the importance of strengthening institutions of global governance”.

Along with the reinvigoration of the Malabo Protocol, which provided the African Court of Justice and Human Rights with criminal jurisdiction, ANC NEC members earmarked the establishment of a continental criminal court that would accompany the ICC.

Mbalula highlighted that discussions centred on the options to amend national legislation to domesticate the Rome Statute in a way that reflected all of the articles in the Rome Statute.

“This includes provision of Article 98 of the statute, which requires a waiver of immunities for persons charged by the ICC from third-party countries where there is no referral by the United Nations Security Council,” he said.

The NEC referred to the example of the UK domesticating the Rome Statute to incorporate the provisions of Article 98 as a benchmark for their approach.

South Africans are waiting to hear whether Russian President Vladimir Putin, who is wanted by the ICC, will be attending the upcoming annual Brics Summit in South Africa, and if the South African government will abide by the ICC warrant and arrest him.